Article 14-18 Flashcards
(131 cards)
1
Q
Mitigating Circumstance #1: Incomplete Justifying or Exempting Circumstances
A
This applies when not all the requisites for a justifying or exempting circumstance are present.
2
Q
Mitigating Circumstance #2: Age
A
Offender is under eighteen (18) years old.
Offender is over seventy (70) years old.
Special procedure for minors (Art. 80).
3
Q
Mitigating Circumstance #3: Lack of Intent to Commit Grave Wrong
A
The offender did not intend to commit so grave a wrong as what was actually committed.
4
Q
Mitigating Circumstance #4: Sufficient Provocation or Threat
A
Requisite: Sufficient provocation or threat on the part of the offended party.
Requisite: The provocation or threat immediately preceded the act.
5
Q
Mitigating Circumstance #5: Immediate Vindication of a Grave Offense
A
Requisite: Act committed in immediate vindication.
Requisite: Grave offense against the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees.
6
Q
Mitigating Circumstance #6: Acted Upon Powerful Impulse
A
Requisite: Acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7
Q
Mitigating Circumstance #7: Voluntary Surrender or Confession
A
Offender voluntarily surrendered to a person in authority or their agents.
OR, offender voluntarily confessed guilt before the court prior to the presentation of the evidence for the prosecution.
8
Q
Mitigating Circumstance #8: Physical Defects
A
Offender is deaf and dumb.
Offender is blind.
Offender is otherwise suffering some physical defect which restricts their means of action, defense, or communication.
9
Q
Mitigating Circumstance #9: Illness Diminishing Will Power
A
Requisite: Illness of the offender.
Requisite: The illness diminishes the exercise of the will power.
Requisite: The offender still has consciousness of their acts.
10
Q
Mitigating Circumstance #10: Analogous Circumstances
A
Any other circumstances of a similar nature and analogous to those above mentioned.
11
Q
Determining Proper Imposable Period: No mitigating, no aggravating
A
Apply the medium period of the penalty.
12
Q
Determining Proper Imposable Period: 1 ordinary mitigating, 1 generic aggravating
A
Offset them.
If no remainder, apply the medium period.
13
Q
Determining Proper Imposable Period: Remainder after offsetting
A
If the remainder is a mitigating circumstance, apply the minimum period.
If the remainder is an aggravating circumstance, apply the maximum period.
14
Q
Determining Proper Imposable Period: No mitigating, 1 generic aggravating
A
Apply the maximum period of the penalty.
15
Q
Determining Proper Imposable Period: 1 ordinary mitigating, 0 aggravating
A
Apply the minimum period of the penalty.
16
Q
Determining Proper Imposable Period: 2 ordinary mitigating, 0 aggravating
A
Lower the penalty by one degree.
17
Q
Determining Proper Imposable Period: 1 privileged mitigating, 1 generic aggravating
A
Cannot be offset.
Lower the penalty by one degree.
Apply the maximum period for that lowered degree.
18
Q
Determining Proper Imposable Period: 1 ordinary mitigating, 1 qualifying aggravating
A
Cannot be offset.
Apply the penalty provided the crime qualified by the qualifying aggravating circumstance.
19
Q
Determining Proper Imposable Period: 0 ordinary mitigating, 2 generic aggravating
A
Apply the maximum period.
DO NOT INCREASE BY DEGREE.
20
Q
Reclusion Temporal: Entirety of time
A
12 years and 1 day to 20 years.
21
Q
Reclusion Temporal: Minimum period
A
12 years and 1 day to 14 years and 8 months.
22
Q
Reclusion Temporal: Medium period
A
14 years and 9 months to 17 years and 4 months.
23
Q
Reclusion Temporal: Maximum period
A
17 years, 4 months and 1 day to 20 years.
24
Q
Prision Mayor: Entirety of time
A
6 years and 1 day to 12 years.
25
Prision Mayor: Minimum period
6 years and 1 day to 8 years.
26
Prision Mayor: Medium period
8 years and 1 day to 10 years.
27
Prision Mayor: Maximum period
10 years and 1 day to 12 years.
28
Prision Correccional: Entirety of time
6 months and 1 day to 6 years.
29
Prision Correccional: Minimum period
6 months and 1 day to 2 years and 4 months.
30
Prision Correccional: Medium period
2 years 4 months and 1 day to 4 years and 2 months.
31
Prision Correccional: Maximum period
4 years, 2 months and 1 day to 6 years.
32
Arresto Mayor: Entirety of time
1 month and 1 day to 6 months.
33
Arresto Mayor: Minimum period
1 to 2 months.
34
Arresto Mayor: Medium period
2 months and 1 day to 4 months
35
Arresto Mayor: Maximum period
4 months and 1 day to 6 months.
36
Arresto Menor: Entirety of time
1 to 30 days.
37
Arresto Menor: Minimum period
1 to 10 days.
38
Arresto Menor: Medium period
11 to 20 days.
39
Arresto Menor: Maximum period
21 to 30 days.
40
Example 1: Sufficient Provocation & Dwelling
Mitigating: Sufficient provocation.
Aggravating: Dwelling.
Offset.
Sentence: Medium period applied.
41
Example 2: Minority & Dwelling
Mitigating: Minority.
Aggravating: Dwelling.
Sentence: One degree lower, maximum period.
42
Example 3: Insanity & Nighttime
Aggravating: Nighttime.
Trick Question: Insanity is NOT a mitigating circumstance (in this context).
Sentence: Exempted (due to insanity, although stated as a trick).
43
Self-Defense (Ordinary Mitigating)
Only unlawful aggression is present.
44
Self-Defense (Privileged Mitigating)
Requisite 1: Unlawful aggression.
Requisite 2: Reasonable necessity of the means used to repel it.
OR
Requisite 1: Unlawful aggression.
Requisite 2: Lack of sufficient provocation.
45
Not Self-Defense
Only reasonable necessity of the means used to repel it plus lack of sufficient provocation.
46
Fulfillment of Duty
This can be a justifying circumstance (Article 11) or potentially mitigating if not all requisites are met (Article 13.1).
47
Two Ordinary Mitigating Circumstances
Example: Praeter intentionem (lack of intent for grave wrong) AND sufficient provocation.
Sufficient provocation here is considered a special mitigating circumstance.
Should lower the degree of the punishment.
48
Sufficient Provocation (Article 13)
Provocation on the part of/made by the victim.
49
Sufficient Provocation vs. Vindication of Grave Offense
Sufficient Provocation: Provocation must be directed at the accused.
Vindication of Grave Offense: Offense can be directed at family members.
50
Vindication of Grave Offense vs. Defense of a Relative
Defense of a Relative: Has a broader definition of relatives.
51
Passion and Obfuscation vs. Article 247
Article 247: Needs marital bond.
Article 247: Needs sexual intercourse caught in the act.
Passion and Obfuscation: No need for marital bond.
Passion and Obfuscation: No need for sexual intercourse caught in the act.
52
Reckless Imprudence
Mitigating or aggravating circumstances are NOT taken into account.
53
Qualifying Aggravating Circumstance
CHANGES the nature of the crime.
54
Two or More Aggravating Circumstances
Will NEVER increase the degree of the penalty.
Will simply impose the maximum period of the prescribed punishment.
55
Types of Aggravating Circumstances: Generic (GAC)
Apply to all crimes.
Increase punishment to the maximum period.
Examples: evident pre-meditation, dwelling, recidivism, nocturnity.
56
Types of Aggravating Circumstances: Specific (SAC)
Increase the penalty.
Applies only to a particular crime as expressly provided by law or jurisprudence.
Does not change the character of the offense.
Examples (crimes against persons): treachery, cruelty, abuse of superior strength.
57
Types of Aggravating Circumstances: Qualifying (QAC)
Change the nature or designation of the crime.
Must be provided in the definition of the offense.
Increases the imposable penalty even to higher degrees.
If one is used to qualify, others are considered generic.
Examples: circumstances in Article 248 (homicide to murder), qualified theft, qualified seduction.
58
Types of Aggravating Circumstances: Inherent (IGC)
Necessarily accompany the commission of the offense.
Deemed an element of the crime.
NO LONGER CONSIDERED in the determination of penalty.
Examples: abuse of public office in bribery, fraud in estafa, fire in arson.
59
Aggravating Circumstances: Places of Commission - Malacañang
No need for official events.
Crime in front of Chief Executive AND in front of Malacañang are TWO DIFFERENT aggravating circumstances.
60
Aggravating Circumstances: Places of Commission - Public Authorities
Place where public authorities are engaged in the discharge of their functions.
61
Aggravating Circumstances: Places of Commission - Religious Worship
Place dedicated to religious worship.
No need for religious ceremony.
Does not include private chapels.
62
Aggravating Circumstances: Places of Commission - Dwelling
Dwelling of the offended party.
Exception 1: Offended and offending parties live in the same abode.
Ownership is immaterial as long as used for rest and comfort (tenant, lessee, bed spacer included).
63
Aggravating Circumstances: Places of Commission - Uninhabited Place
Purposefully selected by the offender for no aid.
64
Dwelling NOT Considered Aggravating: Provocation
If the offended has given provocation.
65
Dwelling NOT Considered Aggravating: Same Dwelling
If the offender and the offended party live in the same dwelling.
66
Dwelling NOT Considered Aggravating: Inherent in Crime
When dwelling is inherent in the commission of the crime (e.g., robbery in a dwelling).
67
Dwelling Still Aggravating: Victim Inside
Even if perpetrator is outside, if the victim was inside the dwelling when the crime was committed (e.g., snipers).
68
Dwelling Still Aggravating: Aggression Started Inside
If the aggression began inside the dwelling, but the crime was committed outside.
69
Dwelling: Separate Rooms
Two rooms in a house separately rented by offended party and victim are considered DIFFERENT dwellings.
70
Requisites for Uninhabited Place (Aggravating)
Requisite 1: Little or remote possibility for the victim to receive help.
Requisite 2: Offender deliberately sought and took advantage of the uninhabited place.
71
Aggravating Circumstances: Time of Commission - Nighttime
If the offender purposefully sought the cover of darkness to ensure the crime.
OR because the darkness hides the identity of the offender.
If nocturnity was merely incidental, not aggravating.
Nighttime: between sunset and sunrise with not enough light to discern a person's face.
72
Nighttime Not Aggravating: Sufficient Light
If there is any light that could illuminate the scene, even if the offender deliberately sought darkness.
73
Aggravating Circumstances: Time of Commission - Calamities
On the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamities or misfortunes.
74
Aggravating Circumstances: Presence of a Person - President
Doesnt matter if he is in official duties.
75
Aggravating Circumstances: Presence of a Person - Contempt of Authority
Rationale: Insult to authorities.
Elements:
Authority is engaged in the exercise of his functions.
Authority is NOT the person against whom the crime is committed.
Offender knows the offended party to be an authority.
Presence of the authority has not prevented the offender from doing a criminal act.
76
Contempt of Authority Example: Political rally, senators present, grenade thrown at civilians.
Contempt of authorities cannot be appreciated because a political rally is NOT an official function of a senator.
77
Aggravating Circumstances: By Victims - Disregard of Age, Sex, and Rank
Regarded as one aggravating circumstance.
*
Example: Assaulted a senior female public official.
78
Aggravating Circumstances: Personal Circumstance/Motive - Public Position
Taking advantage of a public position.
Merely being a public official is not automatically aggravating.
79
Aggravating Circumstances: Personal Circumstance/Motive - Disguise, Craft or Fraud
Craft: Intellectual trickery to execute criminal design.
Example: Pretending to be a taxi passenger to rob the driver.
Fraud/Deceit: Insidious words or machinations to make the offended party perform an act facilitating the crime.
Example: Pretending to be customers to rob a store owner.
Disguise: Ways to conceal identity.
If accused remains recognizable, NOT aggravating.
80
Aggravating Circumstances: Personal Circumstance/Motive - Abuse of Confidence/Obvious Ungratefulness
Abuse of Confidence Requisites:
1. Trust.
2. Abuse of that trust.
3. Abuse facilitated the crime.
Example: Houseboy raping homeowner's daughter.
Obvious Ungratefulness Requisites:
1. Trust.
2. Abuse of that trust.
3. Committed with obvious ungratefulness.
Example: Houseboy raping homeowner's daughter when homeowner was attentive to and satisfied the needs of the houseboy.
81
Aggravating Circumstances: Personal Circumstance/Motive - Price/Reward
Requisites:
1. Two or more principals (inducement and direct participation).
2. Inducement must be the primary consideration for the crime.
Appreciation after the crime is not included.
82
Aggravating Circumstances: Cohorts/Companionship - Band
Four or more armed malefactors.
Acting together in the commission of the crime.
Four principals by direct participation.
Must be armed.
83
Aggravating Circumstances: Cohorts/Companionship - Aid of Armed Men
*
Armed men took part in a minor capacity (accomplices).
Must not appear that offender and armed men acted under the same plan and purpose (otherwise conspiracy).
Armed men must not constitute a cuadrilla or a band.
Requisites:
1. Armed men took part directly or indirectly.
2. Accused availed himself of their aid.
84
Aggravating Circumstances: Cohorts/Companionship - Aid of Minor
Exploitation of minors.
This is a special aggravating circumstance.
85
Aggravating Circumstances: Props/Physical Weapons
Fire, Inundation, Poison, Explosion, Motorized Vehicles, Watercraft, Airships
86
Burning of Structure vs. Person
Burning a structure: Arson.
Burning a person: Murder.
Gasoline on a person and set ablaze: Murder.
87
Arson and Murder as Separate Crimes. Shot A, dragged inside house, and set on fire
Separate Arson and Murder charges.
88
If accused did not know person was inside when burning the house.
Homicide Absorbed in Arson.
89
Aggravating Circumstances: Manner of Committing - Treachery
Elements:
1. Offender deliberately adopted the particular means of attack.
2. Victim was not in a position to defend himself.
Only applicable to crimes against persons.
A specific AND a qualifying aggravating circumstance.
Essence is sudden attack.
90
Aggravating Circumstances: Manner of Committing - Evident Premeditation
Crime executed through cool thought and reflection.
Requisites:
1. Time when offender determined to commit the crime.
2. Act manifestly indicating that the culprit has clung to his determination.
3. Sufficient lapse of time between determination and execution.
If present, becomes a QUALIFYING AGGRAVATING CIRCUMSTANCE.
ONLY APPLICABLE TO CRIME AGAINST PERSON.
Not attendant in premeditated arson.
91
Aggravating Circumstances: Manner of Committing - Abuse of Superior Strength
Requisites:
1. Notorious disparity in age, size, and strength.
2. Offender took advantage of the disparity.
Examples: unarmed victim vs. armed offender, multiple offenders vs. one victim, young agile offender vs. weak old man.
92
Aggravating Circumstances: Manner of Committing - Cruelty
Physical suffering.
Requisites:
1. Injury caused be deliberately increased by causing another wrong.
2. The other wrong be unnecessary.
Examples: removing toenails, cigarette burns.
93
Aggravating Circumstances: Manner of Committing - Ignominy
Moral suffering.
Example: Raping in front of husband.
Not attendant if the victim is already dead.
94
Aggravating Circumstances: Criminal Repetition - Recidivist
About convictions.
Requisites:
1. Offender is on trial for an offense.
2. Previously convicted of another crime.
3. First and second offenses are embraced in the same title of the code.
4. Offender is convicted of a new offense.
95
Aggravating Circumstances: Criminal Repetition - Habituality/Reiteracion
About serving sentences.
Requisites:
On trial for an offense.
Previously SERVED a sentence for another crime with equal or greater penalty, or two or more lighter penalties.
Then convicted of a new offense.
96
Aggravating Circumstances: Special Penal Laws
Loose Firearm, Dangerous Drugs, ICT
97
Recidivism vs. Reiteracion: Conviction
Recidivism: Requires a first conviction by final judgment.
Reiteracion: Requires having served out the sentence for the previous crime.
98
Recidivism vs. Reiteracion: Same Title
Recidivism: Two crimes must be embraced in the same title of the code.
Reiteracion: Crimes need not be in the same title.
99
Habitual Delinquency
1. Within 10 years from release or last conviction of SPI/LSPI, robbery, theft, estafa, falsification.
2. Found guilty of ANY of said crimes a third time or oftener.
Effect: ADDITIONAL PENALTY on top of the new crime.
NOT OFFSET by mitigating circumstances.
100
Quasi-Recidivism
Previously convicted by final judgment.
Commits a new crime.
New felony committed before serving the sentence for prior conviction or during serving that sentence.
101
Relationship: Concept
Same as enumeration in vindication of grave offenses or defense of relatives, much more encompassing
102
Relationship: Not Included (Alternative Circumstance)
Aunts, uncles, cousins.
Common law spouses.
103
Relationship: Effects
Can be exempting, mitigating, or aggravating
104
Relationship: Exempting (Civil Liability Only)
Article 332: Theft, estafa, malicious mischief between specific relatives.
Goal: Preserve family harmony.
Exemption does not apply in complex crimes like estafa through falsification.
105
Relationship: Mitigating (Crimes Against Property)
Such as robbery, arson, usurpation, fraudulent insolvency, trespassing.
Exception: Robbery with homicide or robbery with rape.
106
Relationship: Mitigating (Crimes Against Persons)
If crime is less grave felony or light felony.
Victim is a relative of lower degree (descendant).
Example: Grandfather slight physical injuries against grandchild.
107
Relationship: Aggravating (Crimes Against Persons)
If crime is grave felony.
If victim is of higher or equal degree than the offender.
Examples: Parricide, qualified SPI, Qualified LSPI.
108
Relationship: Aggravating
(Crimes Against Chastity)
109
Relationship: Intoxication (Aggravating)
If offender has an alcohol history or addiction.
Relationship becomes aggravating (fortifies resolve).
110
Relationship: Intoxication (Mitigating)
If no alcohol history or addiction.
Relationship can be mitigating (blurred reason).
111
Relationship: Instruction or Education (Mitigating)
Lack thereof is mitigating if proven accused did not understand consequences.
NOT equated to illiteracy.
If crime is inherently evil, education not needed to know it's wrong.
112
Relationship: Instruction or Education (Aggravating)
Example: Physician using knowledge to concoct poison.
113
Conspiracy (Article 8 vs. 18-19)
If conspiracy is proven, no need to look at degree of participation.
Everyone is guilty of the same crime and sentenced to the same penalty.
114
Principals: By Direct Participation
The one who commits the crime.
Executes the criminal act.
Without him, no crime is committed.
Example: Shoots or stabs the victim.
115
Principals: By Inducement
Directly force or induce others to commit a crime.
Inducement must be made directly with deliberate intent.
Inducement is the primary reason for the crime.
116
Principal by Inducement: By Directly Forcing
(a) Using irresistible force.
(b) Causing uncontrollable fear.
117
Principal by Inducement: By Directly Inducing
(a) Giving a price, offering a reward, or promise.
If intent to kill is already present and monetary gain is secondary, the giver is not a principal by inducement.
118
Principal by Inducement: Words of Command
(a) Commander intends to procure the crime.
(b) Commander has ascendancy or influence.
(c) Words are direct, efficacious, powerful.
(d) Command uttered prior to commission.
(e) Executor had no personal reason.
119
Principals: By Indispensable Cooperation
Without his act, the crime will not be accomplished.
Participation is indispensable.
Must be present at the scene.
Examples: Holding victim during rape, providing transport to victim's location.
120
Accomplices: Definition
Cooperate in the execution of the offense by previous or simultaneous acts.
Not included in Article 17 (Principals).
121
Requisites for Being an Accomplice
1. Community of design (knowing the principal's design, concurring with the purpose).
2. Cooperates by previous or simultaneous acts with intent to supply material or moral aid efficaciously.
3. Relation between the principal's acts and those of the accomplice.
122
Notes on Accomplices
Cooperated but not indispensable cooperation.
Not present when the plan was hatched.
Informed later and agrees to be part of it.
Doubt as to participation: SC treats as accomplice.
123
Accomplice Example 1: Safehouse
Providing a safehouse for kidnapping victims? Conspirator, not mere accomplice.
124
Accomplice Example 2: Misleading Victim
Misleading victim to go with kidnappers? Conspirators.
125
Accomplice Example 3: Lending Gun
Owner lent gun to A. Accused killed B (different from agreed victim).
Owner not accomplice. No approval for killing a different person.
126
Accomplice Example 4: Immobilizing Victim
A held victim. Fatal blow not yet inflicted: A is principal by direct participation.
Fatal blow already inflicted: A is an accomplice.
127
Accessories: Definition
Having knowledge of the crime commission.
Without having participated as principals or accomplices.
Take part subsequent to its commission.
128
Accessories: Manner 1 - Profiting
Profiting themselves or assisting the offender to profit by the effects of the crime.
129
Accessories: Manner 2 - Concealing/Destroying Evidence
Concealing or destroying the body of the crime, or the effects or instruments thereof, to prevent discovery.
130
Accessories: Manner 3 - Harboring/Concealing/Assisting Escape
Harboring, concealing, or assisting in the escape of the principals.
Condition 1: Accessory acts with abuse of public functions (no limitation on the crime).
Condition 2: Author of the crime is guilty of: treason, parricide, murder, attempted life of Chief Executive, or habitually guilty of some other crime.
131
Accessory vs. Obstruction of Justice
If the principal crime is only homicide (not murder), the one harboring is guilty of obstruction of justice, NOT accessory.
